`IPR2016-01573
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`__________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_________
`
`CORNING OPTICAL COMMUNICATIONS RF LLC, CORNING
`INCORPORATED, AND CORNING OPTICAL COMMUNICATIONS LLC,
`Petitioners,
`
`v.
`
`PPC BROADBAND, INC.,
`Patent Owner.
`__________
`
`Case IPR2016-01573
`Patent 8,075,338
`__________
`
`JOINT REQUEST TO TREAT SETTLEMENT AGREEMENT AS
`BUSINESS CONFIDENTIAL INFORMATION
`PURSUANT TO 35 U.S.C. § 317(b) AND 37 C.F.R § 42.74(c)
`
`
`
`Patent No. 8,075,338
`IPR2016-01573
`Pursuant to 35 U.S.C. § 317(b) and 37 C.F.R § 42.74(c), Patent Owner, PPC
`
`Broadband, Inc. (“PPC”), and Petitioners, Corning Optical Communications RF
`
`LLC, Corning Incorporated, and Corning Optical Communications LLC, jointly
`
`request that the confidential Settlement Agreement filed as Exhibit 2031 with the
`
`parties’ concurrently filed Joint Motion to Terminate be treated as business
`
`confidential information and be kept separate from the files of this proceeding and
`
`U.S. Patent No. 8,075,338 (“‘338 Patent”). The parties further request that the
`
`Board not make the confidential Settlement Agreement (Exhibit 2031) available to
`
`any third party, except as provided in 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c).
`
`Date: January 12, 2017
`
`Respectfully submitted,
`
`/ Denis J. Sullivan /
`Denis J. Sullivan (Reg. No. 47,980)
`BARCLAY DAMON, LLP
`Barclay Damon Tower
`125 East Jefferson Street
`Syracuse, NY 13202
`Tel.: (315) 425-2700
`dsullivan@barlcaydamon.com
`Attorneys for Patent Owner
`
`/ Todd R. Walters /
`Todd R. Walters, Esq. (Reg. No. 34,040)
`BUCHANAN INGERSOLL & ROONEY PC
`1737 King Street, Suite 500
`Alexandria, VA 22314
`Tel.: (703) 836-6620
`todd.walters@bipc.com
`Attorneys for Petitioners
`
`1
`
`
`
`Patent No. 8,075,338
`IPR2016-01573
`
`CERTIFICATE OF SERVICE
`
`Pursuant to 37 C.F.R. § 42.6(e), the undersigned certifies that, on January 12,
`2017, the JOINT REQUEST TO TREAT SETTLEMENT AGREEMENT AS
`BUSINESS CONFIDENTIAL INFORMATION PURSUANT TO 35 U.S.C. §
`317(b) AND 37 C.F.R § 42.74(c) along with any exhibits cited therein, were
`electronically filed through the Patent Trial and Appeal Board’s End to End (E2E)
`System, and were served via electronic mail in their entirety on the following:
`
`Todd R. Walters, Esq.
`BUCHANAN INGERSOLL & ROONEY PC
`1737 King Street, Suite 500
`Alexandria, VA 22314
`Tel.: (703) 836-6620
`todd.walters@bipc.com
`
`/ Denis J. Sullivan /
`Denis J. Sullivan (Reg. No. 47,980)
`BARCLAY DAMON, LLP
`Barclay Damon Tower
`125 East Jefferson Street
`Syracuse, NY 13202
`Tel.: (315) 425-2700
`dsullivan@barlcaydamon.com
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